Lawyer rejects affidavit

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Lawyer Nilesh Prasad (left) with Lawyer Devanesh Sharma at the High Court in Suva on December 9. Picture : ANDREW NAIDU

Suva lawyer Devanesh Sharma has opposed the inclusion of an affidavit by Jolie Ann Lee, who fled Fiji last month, stating it is unnecessary as the matter remains under police investigation.

Mr Sharma made this argument during court proceedings involving six members of the Grace Road Group of Companies.

The case concerns a judicial review of Immigration Minister Pio Tikoduadua’s decision to declare several Korean nationals as prohibited immigrants.

The individuals named in the case are Sung Jun Lee, Nam Suk Choi, Byeongjoon Lee, Beoseop Shin, Jung Yong Kim, and Jinsook Yoon.

Both parties appeared before Justice Anare Tuilevuka yesterday for directions regarding the judicial review application and the request to introduce new evidence.

The Attorney-General’s Office had filed the application on November 21, seeking the court’s permission to consider fresh evidence. This application is supported by an affidavit from the Director of Immigration, Amelia Koromaisavai.

Mr Sharma had filed a response affidavit but objected to the reliance on Ms Lee’s statement.

He argued that Ms Lee, a dual citizen of the United States and South Korea who was previously associated with the Grace Road Group, cannot be cross-examined as she is now in the US.

Despite an unsigned police statement attributed to Ms Lee, Mr Sharma noted that investigations were ongoing. He emphasised that the affidavit filed by the State pertained solely to Ms Koromaisavai’s evidence.

Ms Lee’s statement alleges inhumane working and living conditions imposed on members of the church by its elders.

Justice Tuilevuka has directed Mr Sharma to submit arguments on the judicial review and new evidence by January 15, 2025. The Attorney-General’s Office must file its response within 14 days thereafter.

The hearing is scheduled for January 20, 2025, with Justice Tuilevuka set to deliver his ruling on January 28, 2025.

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